Elements of an Illinois Medical Malpractice Case

Medical malpractice cases may seem fairly straightforward at first glance; however, a victim must prove several elements in order to bring a successful lawsuit against a negligent provider. Without the help of an experienced Chicago medical malpractice attorney, your chances of a favorable outcome are severely limited.

1. The first element of a medical malpractice case is there must have been an established doctor-patient relationship. The injured individual must have been under the care of the medical professional.
2. The second element is actual negligence. The provider must have deviated from the applicable standard of care for similarly situated providers where another medical provider would not have. This element is typically met by a medical professional who has reviewed the records and can attest that the standard of care was not met or followed.
3. The third and final element that must be met is the provider’s deviation from the standard of care resulted in injury to the patient. As a result of that injury, there must be damages that can be assigned a monetary value. Damages include both past and future lost wages, past and future medical bills, pain and suffering, disability, disfigurement, and other non-economic damages. A Chicago malpractice lawyer can help you determine how to proceed if you’ve been injured due to medical negligence.

Types of Medical Malpractice in Chicago

There are multiple types of medical malpractice. We discuss some of the most prevalent types of these below.

Failure to Diagnose

A doctor’s failure to diagnose an illness that another doctor would have identified is known as a “failure to diagnose.” It is one of the most common forms of medical malpractice. Failure to diagnose can occur when a doctor overlooks or fails to identify something during an examination, procedure or other test, such as missing an obvious polyp during a colonoscopy, or fails to perform a routine examination or test that would have revealed an illness or disease process. Diseases or conditions commonly missed by doctors include:

• Cancer, including abnormal growths and/or tumors
• Meningitis
• Cardiology events such as strokes or heart attacks
• Spinal abscesses
• Infections

Improper Treatment

When a doctor does something that a reasonable doctor would not have done and their actions result in injury, they could be liable for malpractice due to “improper treatment.” Some examples of medical malpractice based on improper treatment include:

• Misdiagnosis
• Birth injuries
• Prescribing medications or treatments using outdated medical knowledge
• Incorrectly performed medical treatments
• Clerical errors that result in injury or illness

Failure to Warn a Patient of Known Risks

If you are prescribed a medication or treatment that has risks, your doctor has a duty to inform you of those risks. This is known as “informed consent.” Without informed consent and a full understanding of the involved risks, you may not be aware of the complications that could occur or of any symptoms that should be treated with concern. A doctor has a duty to inform patients about all aspects of their treatment and procedures, including potential side effects and risks.

Statute of Limitations

A “statute of limitations” refers to the timeframe within which an individual may file a claim against a medical or other healthcare provider. In Illinois, that time period is typically two years from the date of negligence or the date on which a reasonable person discovered the injury. The law also prevents individuals from bringing a claim against a medical provider if the injury occurred more than four years prior to filing.

There are a few exceptions to the medical malpractice statute of limitations, such as when minors, incapacitating disabilities, or fraud and/or cover-up on the part of the healthcare provider are involved. Working with an experienced Illinois medical malpractice attorney can help you determine the correct statute of limitations for your case and identify any exceptions that may apply.

What We Do

At Parikh Law Group, our Chicago medical malpractice team will begin investigating your case immediately. In addition to ensuring that we file your claim within the allotted period of time, moving quickly helps to ensure you preserve important memories and accounts of the events, and allows us to best manage time-sensitive documents and information, gather relevant evidence, and substantiate the severity of your claim.

Our knowledgeable legal team will review the information you provide us and request additional medical records or bills to initiate our review. Following our preliminary review, we obtain the opinions of medical professionals who are leaders and experts in their fields. You can rest assured that the most qualified healthcare providers are reviewing your records. Upon completion of their reviews, they will render an opinion regarding any negligence or malpractice that they believe may have occurred in the care and treatment provided.

As medical malpractice attorneys, it is our job to get you the maximum compensation possible for your case. While we aim to settle out of court for a fair and equitable amount to save you time and expenses, we are always prepared to take your case to trial if a reasonable settlement cannot be reached.

While financial compensation may never make you and your family whole again, we will work tirelessly to maximize your recovery so that you can focus on getting your life back on track.